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Committee reports
Date published:
16 November 2018
Consent notifications considered by the Justice Committee, 13 November 2018 - Recommendation
Recommendation
The Committee is content for the Scottish Government to give its consent for the UK Ministers to lay a Statutory Instrument in the UK Parliament on the following instruments:
The European Enforcement Order, Order for Payment and Small Claims Procedure (Amendment, Revocation, Transitional and Savings Provisions) (EU Exit) Regulations 2018;
T...
Last updated:
27 March 2024
SPBill45S062024
General and final provisions 21 Offence (1) A person who coerces or pressures a terminally ill adult into making a first or second declaration commits an offence. 20 (2) A person who commits an offence under subsection 1 is liable— (a) on summary conviction to imprisonment for a term not exceeding 2 years or a fine not exceeding level 5 on the standard scale (or both), (b) on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both). 25 22 Limitations on effect of Act In so far as any provision of this Act, or any provision made under it, would relate to the reserved matter of— (a) misuse of drugs (within the meaning of Section B1 of Part 2 of schedule 5 of the Scotland Act 1998), 30 (b) regulation of the health professions (within the meaning of Section G2 of that Part of that schedule), or (c) medicines, medical supplies and poisons (within the meaning of Section J4 of that Part of that schedule), the provision is (to the extent it would so relate) of no effect. 35 23 Guidance (1) The Scottish Ministers may prepare and publish guidance with regard to the lawful provision to terminally ill adults of assistance to end their own lives under this Act. 11 Assisted Dying for Terminally Ill Adults (Scotland) Bill (2) Guidance under subsection (1) may in particular include provision about— (a) the carrying out of assessments under section 6 (including assessment of a terminally ill adult’s eligibility to be lawfully provided with assistance to end their own life), 5 (b) the making and cancellation of first and second declarations (including the signing of such declarations by proxy), (c) the provision of assistance in accordance with section 15, (d) the making of final statements, (e) information about the lawful provision to terminally ill adults of assistance to end 10 their own lives (including information to be provided to such adults and to the 1 general public). (3) The Scottish Ministers must, when preparing guidance under subsection (1), consult such persons as they consider appropriate. (4) A person carrying out any function under this Act must have regard to any relevant 15 guidance published under subsection (1). (5) The Scottish Ministers— (a) may from time to time revise guidance published under subsection (1), and (b) must publish any revised guidance. (6) Subsections (2) to (5) apply to revised guidance published under subsection (5) as they 20 apply to guidance published under subsection (1). 24 Provision of information by Public Health Scotland to Scottish Ministers (1) Public Health Scotland must, as soon as reasonably practicable after the end of each reporting period, submit a report to the Scottish Ministers on the lawful provision to terminally ill adults of assistance to end their own lives. 25 (2) The report must include the following information, in so far as known to Public Health Scotland, in relation to the reporting period to which the report relates— (a) broken down by reference to the characteristics mentioned in subsection (3), the number of persons who— (i) made a first declaration, 30 (ii) made a second declaration, (iii) made a second declaration but decided not to be provided with an approved substance provided by virtue of section 15(1), (iv) were provided with an approved substance by virtue of section 15(1) but decided not to use that substance, 35 (v) were provided with an approved substance by virtue of section 15(1) and died as a result of using that substance, (b) the number of statements made under section 8(1) and (2), including the number of statements which concluded that the person assessed— (i) was eligible to be lawfully provided with assistance to end their own lives, 40 (ii) was not eligible to be so provided, 12 Assisted Dying for Terminally Ill Adults (Scotland) Bill (c) in relation to persons who— (i) made a first declaration but did not go on to make a second declaration, (ii) made a second declaration but did not go on to be provided with an approved substance by virtue of section 15(1), 5 (iii) were provided with such a substance but did not go on to use it, the reasons given by persons as to why they did not go on to make a second declaration, be provided with an approved substance or, as the case may be, to use the substance, (d) in relation to persons who were provided with an approved substance by virtue 10 of section 15(1), 1 (i) the substance so provided, and (ii) where the person died as a result of using that substance, the type of place where the death took place (that is, in the person’s home, in a hospital, in a hospice and the like), 15 (e) the reasons given by persons wishing to be lawfully provided with assistance to end their own lives. (3) The characteristics referred to in subsection (2)(a) are— (a) age group, (b) postcode district, 20 (c) gender, (d) ethnicity, (e) nationality, (f) type of terminal illness. (4) A report under subsection (1) must not include any information that would or might 25 disclose the identity of a person. (5) The Scottish Ministers may by regulations amend subsections (2) and (3) so as to— (a) add a description of information or characteristic to, (b) vary a description of information or characteristic in, or (c) remove a description of information or characteristic from, 30 the information or characteristics for the time being mentioned in those subsections. (6) In this section, “reporting period” is the period of 1 year beginning with the day on which this section comes into force and each subsequent period of 1 year. 25 Provision of information to Public Health Scotland (1) The Scottish Ministers must by regulations make provision for information, relating to 35 the lawful provision to terminally ill adults of assistance to end their own lives, to be provided to Public Health Scotland for the purposes of the preparation of annual reports under section 24. (2) Regulations under subsection (1) may in particular make provision about— (a) the information to be provided, 13 Assisted Dying for Terminally Ill Adults (Scotland) Bill (b) the persons who must provide the information, (c) the circumstances in which the information must be provided, (d) the circumstances in which information may not be provided. (3) Regulations under subsection (1) may make provision for the circumstances in which 5 disclosure of information by or to Public Health Scotland is prohibited, including provision that disclosure in breach of such a prohibition is an offence. (4) A person who commits an offence under regulations made under subsection (1) is liable on summary conviction to a fine, as provided for in the regulations, but not exceeding level 5 on the standard scale. 10 (5) The Scottish Ministers must, before making regulations under subsection (1), consult 1 such persons as they consider appropriate. 26 Annual report (1) The Scottish Ministers must, as soon as reasonably practicable after the end of each reporting period— 15 (a) prepare and publish a report on the lawful provision to terminally ill adults of assistance to end their own lives, and (b) lay...
Official Report
Meeting date:
11 June 2025
Criminal Justice Committee 11 June 2025
One is about holding perpetrators to account and one is about learning for the purposes of prevention.
Last updated:
14 October 2025
5th EU Law Tracker
This SG Report represents the most comprehensive and official account of alignment/divergence with EU law produced by any UK 1 ‘Statement of Policy by the Scottish Ministers in Exercise of the Power in Section 1 of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021’ (2022, May 10) parliament.scot Available: https://www.parliament.sco...
Last updated:
6 September 2024
SPBill24DPMS062023accessible
This would ensure that these offences are taken into account when granting, modifying, suspending or revoking a section 16AA. 27.
Last updated:
10 June 2024
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Budget (Scotland) (No.2) Bill 3 Part 2—Financial year 2019/20 (6) Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary.
Last updated:
10 June 2024
SPBill25S052018
Budget (Scotland) (No.2) Bill 3 Part 2—Financial year 2019/20 (6) Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary.
Last updated:
10 June 2024
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Budget (Scotland) Bill 3 Part 2—Financial year 2018/19 (5) The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50,000,000. (6) Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report s...
Last updated:
10 June 2024
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Budget (Scotland) Bill 3 Part 2—Financial year 2018/19 (5) The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50,000,000. (6) Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report s...
Last updated:
27 March 2025
SPBill63FMS062025accessible
The emphasis was ensuring an accountability and governance model that guaranteed independence from the Scottish Government, hence the Bill providing that the Commissioner will be appointed by His Majesty on the nomination of, and accountable to, the Scottish Parliament.
